HomeMy WebLinkAbout20060113.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by James Rohn that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1513
APPLICANT: Chris &Joe Miller
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A& B of RE-2617 pt of W2NW4 of Section 27, T3N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Recreational Facility with uses similar to those seen at Guest farms and
fairgrounds in the A(Agricultural)Zone District. (For a complete list of
uses see application)
LOCATION: South of and adjacent to State Hwy 66 and east of and adjacent to CR 19
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
a. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.A.Policy 1.3 states"Allow commercial and
industrial uses, which are directly related to, or dependent upon agriculture,to locate within
the A(Agricultural)Zone District when the impact to surrounding properties is minimal, and
where adequate services and infrastructure are currently available or reasonably obtainable.
b. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.C.5, Section 23-3-40.C.6 and Section 23-3-40.V of the Weld
County Code provide for guest farms, fairgrounds and similar uses as a Use by Special
Review in the A(Agricultural)Zone District.
c. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. Surrounding properties are agricultural in nature. Conditions of
Approval and Development Standards will mitigate negative impacts on surrounding homes.
d. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site lies within the 3 mile referral area for the Town of Mead,the Town of
Firestone and the Town of Platteville. In a referral response dated April 29, 2005 Mead
indicated no conflict with their interests. No referrals were received from the Towns of
Firestone and Platteville.
e. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
Effective January 1,2003, Building Permits issued on the lot will be required to adhere to the
fee structure of the County Road Impact Program. (Ordinance 2002-11)
f. Section 23-2-220.A.6 --The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use. The site is designated as
"Irrigated Not Prime"by the U.S.D.A Soil Conservation Service.The agricultural activities on
the property are an important part of the proposed use.
g. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County. EXHIBIT
2006-01131
E'#2573
Resolution USR-1513
Chris & Joe Miller
Page 2
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall submit a detailed signage plan to the Weld County Department of
Planning Services. The plan shall indicate location, type, if illuminated and size of all
proposed signs and banners.The plan should also include no smoking signs. The applicant
shall obtain a written approval from the Colorado Department of Transportation prior to
submittal. Further, the proposed signs shall be in compliance with Section 23-4-110 of the
Weld County Code which prohibits the following:
1) Mechanical or electrical appurtenances, such as "revolving beacons" which are
obviously designed just to compel attention.
2) Flashing signs located within five hundred (500)feet of an intersection.
3) Any sign located so as to conflict with the clear and obvious appearance of public
devices controlling public traffic.
4) Signs or components of signs that change physical position or light intensity by any
movement or rotation of the physical sign or components which make up the sign or
which give the visual impression of movement or rotation.
5) Motor vehicles, trailers or portable bases with wheels or to which wheels may be
readily affixed used as a sign structure. (Department of Planning Services)
B. The plat does not adequately show where structures and entertainment features will be
located.The applicant shall submit an amended scaled plat which delineates the location of
structures and entertainment features. All uses/structures listed in the application material
shall be illustrated on the plat. (Department of Planning Services)
C. The applicant shall submit a Landscape/Screening Plan to the Department of Planning
Services for review. (Department of Planning Services)
2. Prior to recording the plat:
A. The applicant shall submit a waste handling plan,for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health & Environment. The
applicant shall submit written evidence of approval to the Department of Planning Services.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed(including the facility
name,address,and phone number).(Department of Public Health and Environment)
B. The Environmental Health Services Division was unable to locate a septic permit for the
septic system serving the existing market-greenhouse structure. The septic system shall be
reviewed by a Colorado Registered Professional Engineer. The review shall consist of
observation of the system and a technical review describing the systems ability to handle the
proposed hydraulic load(the original use and 7 employees).The review shall be submitted to
the Environmental Health Services Division of the Weld County Department of Public Health
Resolution USR-1513
Chris &Joe Miller
Page 3
and Environment. In the event the system is found to be inadequately sized or constructed
the system shall be brought into compliance with current Regulations. Evidence of approval
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
C. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
D. In accordance with Section 23-2-250. D of the Weld County Code,the applicant shall submit
a Lighting Plan to the Department of Planning Services for review and approval. The Plan
shall include adequate lighting that can be made available for people inside the corn maze in
case of an emergency situation. (Department of Planning Services)
E. The applicant shall submit a written proposal to the Department of Planning Services
indicating how they plan to address the concerns of the Duke Energy field services as
indicated in a referral dated June 2, 2005. (Department of Planning Services)
F. The applicant shall meet with the Weld County Sheriffs Office to discuss security and traffic
concerns. (Department of Planning Services)
G. The Platte Valley Soil Conservation District has provided information regarding the soils on
the site. The applicant shall review the information and use it to positively manage on site
soils. (Department of Planning Services)
H. The applicant shall address the requirements (concerns) of the Colorado Department of
Transportation,as stated in the referral response dated May 6,2005. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
Traffic is currently accessing directly onto State Highway 66 from the site.The applicant shall
submit a plan to ensure that traffic does not utilize this access to the site. Evidence of
approval from the Colorado Department of Transportation and the Department of Public
Works shall be submitted to the Department of Planning Services. (Department of Public
Works and Colorado Department of Transportation)
J. The access onto County Road 19 near the intersection of State Highway 66 and County
Road 19 shall be closed permanently. Evidence of closure shall be submitted to the
Department of Public Works and the Colorado Department of Transportation. Evidence of
acceptance shall be submitted to the Department of Planning Services. (Department of
Public Works and Colorado Department of Transportation)
K. All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights-of-way.
(Department of Planning Services)
L. The applicant shall submit written evidence to the Weld County Department of Planning
Services verifying that the occupant of the mobile home permitted by ZMPH #466, for
temporary accessory farm use, is principally employed at or engaged in the farming operation
on the subject property in accordance with Section 24-4-170 of the Weld County Code.The
evidence shall consist of tax records, employment agreements or other documentation as
determined suitable by the Weld County Department of Planning Services. Failure to submit
Resolution USR-1513
Chris &Joe Miller
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the required documentation may result in the cessation of the allowance of the mobile home
for temporary accessory farm use.
M. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1513(Department of Planning Services)
2) The plat shall meet all requirements as listed in Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
3) The attached Development Standards. (Department of Planning Services)
4) The approved Landscaping/Screening Plan as approved by the Board of County
Commissioners. (Department of Planning Services)
5) County Road 19 is designated on the Weld County Road Classification Plan as a
collector status road,which requires 80 feet of right-of-way at full build out.There is
presently 60 feet of right-of-way.A total of 40 feet from the centerline of County Road
19 shall be delineated on the plat as right-of-way reservation for future expansion of
County Road 19. This road is maintained by Weld County. (Department of Public
Works)
6) State Highway 66 requires 200 feet right-of-way at full build out. A total of 100 feet
from the centerline of State Highway 66 shall be delineated right-of-way reservation
for future expansion of State Highway 66. (Colorado Department of Transportation)
7) The existing access onto State Highway 66 shall be utilized for residential use only.
(Colorado Department of Transportation)
8) One access point shall be utilized off of County Road 19 for the facility.The applicant
should consider berming or landscaping the entire frontage adjacent to the parking
lot along County Road 19 to define approved access points. The existing condition
is unsafe with uncontrolled access points. (Department of Public Works)
9) The north parking area directly south of the residence, west of the irrigation ditch
shall be identified as a market and parking area. Overflow parking/larger parking
area is located east and south of the irrigation ditch, parallel County Road 19. The
applicant shall delineate on both parking areas the parking layout and circulation
pattern, providing adequate parking for vehicles and school buses. (Department of
Public Works)
10) The applicant shall widen the access road to 24 feet to accommodate two-way traffic
in both directions. (Department of Public Works)
N. The applicant shall complete all proposed improvements including landscaping, lighting,
access and road upgrades and parking lot requirements or enter into an Improvements
Agreement according to policy regarding collateral for improvements and post adequate
collateral for all required materials. The agreement and form of collateral shall be reviewed
by County Staff and accepted by the Board of County Commissioners prior to recording the
USR plat. (Department of Planning Services)
O. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other
^^— documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of
the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within thirty(30)days from the date of the
Resolution USR-1513
Chris & Joe Miller
Page 5
Board of County Commissioners resolution. The applicant shall be responsible for paying the
recording fee. (Department of Planning Services)
4. In accordance with Weld County Code Ordinance 2005-7 approved June 1,2005,should the plat not
be recorded within the required thirty(30) days from the date the Board of County Commissioners
resolution a $50.00 recording continuance charge shall added for each additional 3 month period.
5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are .dwg, .dxf,and .dgn(Microstation); acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to maos(Wco.weld.co.us. (Department of Planning Services)
6. Prior to the issuance of the Certificate of Occupancy:
A. Any new intended usage of existing buildings will require the existing building to meet all
requirements for the new intended use in accordance with the all building codes.
(Department of Building Inspection)
B.The applicant shall submit evidence that they have an insurance policy written by an insurance company
authorized to do business in the state of Colorado or by a surplus lines insurer, in an amount of not less that
$100,000 per occurrence with a$300,000 annual aggregate for Class A amusement rides(as designated by
the Department of Labor and Employment)and all other recreational amenities insuring the owner or operator
against liability for injury to persons arising out of the use of the amusement ride. (Department of Labor and
Employment)
7. Prior to operation:
A. No smoking signs shall be placed in sufficient locations to ensure fire will not be allowed near
corn stalks or flammable areas. (Department of Planning Services)
B. A stormwater discharge permit may be required for a development / redevelopment /
construction site where a contiguous or non-contiguous land disturbance is greater than or
equal to one acre in area.The applicant shall inquire with the Water Quality Control Division
(WQCD) of the Colorado Department of Public Health and Environment at
www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge
permit. Alternately,the applicant can provide evidence from WQCD that they are not subject
to these requirements. (Department of Public Health and Environment)
8. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder. (Department of Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Chris and Joe Miller
USR-1513
1. The Site Specific Development Plan and Special Use Permit is for a Recreational Facility with uses
similar to those seen at Guest farms and fairgrounds in the A(Agricultural)Zone District,as indicated
in the application materials on file and subject to the Development Standards stated hereon.
(Department of Planning Services)
2. The site is limited a giant air slide,jumping castle, on-farm market, picnic area, play set (slide and
swing set), hay maze, corn maze, petting zoo, dirt pile, hay rides, miniature golf, you-pick produce,
train and fire truck ride, haunted corn maze, haunted hayrides,wedding receptions,birthday parties,
and Christmas tree and wreath sales. Temporary Assemblage Permits will be required for overnight
camping. (Department of Planning Services)
3. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
4. The applicant shall maintain compliance with the Department of Labor and Employment,Oil and Public
Safety 7CCR 1101-12, Carnivals and Amusement Parks regulations at all times. (Department of
Labor and Employment)
5. The applicant shall have an insurance policy written by an insurance company authorized to do
business in the state of Colorado or by a surplus lines insurer, in an amount of not less than$100,000
per occurrence with a$300,000 annual aggregate for Class A amusement rides(as designated by the
Department of Labor and Employment) and all other recreational amenities insuring the owner or
operator against liability for injury to persons arising out of the use of the amusement ride.
(Department of Labor and Employment)
6. Should the applicant place any Class B amusement rides on site(as designated by the Department of
Labor and Employment) he shall obtain an insurance policy written by an insurance company
authorized to do business in the state of Colorado or by a surplus lines insurer, in an amount of not
less than$1 million per occurrence insuring the owner or operator against liability for injury to persons
arising out of the use of the amusement ride. (Department of Labor and Employment)
7. Any use not specifically listed in the application material or shown on the plat must be submitted to the
Department of Planning Services to determine if the use would constitute a substantial change to the
approved Use by Special Review Permit. Substantial changes will require an amendment to the
permit. (Department of Planning Services)
8. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
9. The hours of operation are from 9:00 am to 10:00 pm, 7 days a week as indicated in the application
material for the following time periods.
Spring Festival—May though June
Fall/VVinter Festival—September 10th through Christmas
Overnight Camping/Special Events — a Temporary Assemblage Permit shall be applied for and
approved by the Board of County Commissioners prior to the use of the site for overnight
camping/Special Event regardless of the number of people. There will be no more than one special
event a month consistent with the Use by Special Review seasons. (Department of Planning
Services)
10. The maximum number of employees on the site at one time shall be 7. (Department of Planning
Services)
r
Resolution USR-1513
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11. No uses outlined in the application material shall be conducted outside of this Use by Special Review
boundary. (Department of Planning Services)
12. The landscaping on site shall be maintained in accordance with the approved Landscape/screen Plan.
(Department of Planning Services)
13. No smoking signs shall be placed in sufficient locations to ensure fire will not be allowed near corn
stalks or flammable areas. (Department of Planning Services)
14. In the event Weld County or any other governmental authority exercises its right to expand County
Road 19 or State Highway 66 into the rights-of-way noted on this Use by Special Review and such
expansion requires the demolition,destruction,alteration,or taking of any improvements existing on
the subject property as of the date this Use by Special Review is recorded, the owner of the subject
property shall be entitled to just compensation as determined in an eminent domain proceeding for
such property and its improvements.This requirement shall be binding upon the parties regardless of
the legal effect of whether the subject rights-of-way are "reserved" or "dedicated". (Department of
Planning Services)
15. The applicant shall remove, handle,and stockpile manure from the livestock area in a manner that will
prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a
condition that facilitates excessive odors,flies, insect pests,or pollutant runoff. (Department of Public
Health and Environment)
16. Animal and feed wastes, bedding,debris and other organic wastes shall be disposed of so that vermin
infestation,odors,disease hazards,and nuisances are minimized. (Department of Public Health and
Environment)
17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and
Environment)
19. Waste materials shall be handled,stored,and disposed in a manner that controls fugitive dust,fugitive
particulate emissions,blowing debris,and other potential nuisance conditions. (Department of Public
Health and Environment)
20. The applicant shall operate in accordance with the approved "waste handling plan". (Department of
Public Health and Environment)
21. No on-site disposal of produce of any type shall be permitted at anytime. Produce shall be handled
and stored at the facility in such a manner so that no nuisance is created by odor, blowing of debris,
fugitive dust, or spoiled produce on or around the facility. (Department of Public Health and
Environment)
22. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved dust abatement plan at all times. (Department of Public
Health and Environment)
23. This facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as
delineated in 25-12-103 C.R.S., as amended. (Department of Public Health and Environment)
24. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
The facility shall utilize portable toilets and self-contained hand washing units for up to 6 months.
(Department of Public Health and Environment)
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25. A handwash station,with soap and paper towels, shall be set-up in close proximity to the Petting Zoo
and shall be available for use by the public at all times. (Department of Public Health and
Environment)
26. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
27. Water shall be available to patrons at all times. The facility shall supply bottled water or utilize the
existing public water supply(Central Weld County Water District). (Department of Public Health and
Environment)
28. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
29. If applicable, the applicant shall comply with Colorado Retail Food Establishment Rules and
Regulations governing the regulation of food service establishments. If a food vendor is selling food
on site, the applicant is responsible to ensure that the vendor has a current Food Service License.
(Department of Public Health and Environment)
30. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
31. Individual building permits are required for the following:
a Any structure, mechanical, plumbing or electrical work that does not meet the exceptions to
Section 105 of the 2003 International Building Code is required to have a building permit for
its intended use. This includes temporary structures that exceed 120 square feet in use
gathering together 10 or more people.
b A change in use permit is required for the any existing building that will be used or occupied
by the public as part of the permitted USR. Buildings that require a change in use will be
required to comply with all requirements of the Building Department for the new intended use.
(Department of Building Inspection)
32. An individual sewage disposal system is required and shall be installed according to the Weld County
Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado
Registered Professional Engineer according to the Weld County Individual Sewage Disposal
Regulations. (Department of Building Inspection)
33. A plan review is required for each building for which a building permit is required. Plans shall include a
floor plan. Two complete sets of plans are required when applying for each permit.New construction
such as the barn will require an engineered foundation based on a site-specific geotechnical report or
an open hole inspection performed by a Colorado registered engineer. Plans for the barn shall bear
the wet stamp on an engineer or architect licensed by the State of Colorado. Engineered foundations
shall be designed by a Colorado registered engineer. Provide plans to Platteville/Gilcrest Fire
Protection District for their review and approval. (Department of Building Inspection)
34. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2002 National Electrical Code and Chapter 29 of the Weld County Code.
Prior to each event the electrical shall be installed and inspected to Article 525 of the 2002 National
Electric Code for portable wiring and equipment for carnivals,fairs and similar events. (Department of
Building Inspection)
35. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. Offset and setback
Resolution USR-1513
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requirements are measured to the farthest projection from the building. (Department of Building
Inspection)
36. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Planning Services)
37. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development,completion,recompletion,re-entry,production and maintenance operations
associated with existing or future operations located on these lands. (Department of Planning
Services)
38. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
39. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
40. Weld County Personnel shall be granted access onto the property at any reasonable time in order to
ensure the activities carried out on the property comply with the Development Standards stated herein
and all applicable Weld County regulations.
41. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
42. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
Motion seconded by Tom Holton.
VOTE:
For Passage Against Passage Absent
Michael Miller
John Folsom
Bryant Gimlin
Bruce Fitzgerald
James Rohn
Chad Auer
Doug Ochsner
James Welch
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
Resolution USR-1513
Resolution USR-1513
Chris &Joe Miller
Page 5
CERTIFICATION OF COPY
I,Voneen Macklin, Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on January 18th, 2005.
Deed the 19th)- of�ull12005.,
Voneen Macklin
Secretary
7 - 19-Z005
from the consent agenda.
Moved by James Rohn that USR-1518 be forwarded to the Board of County Commissioners with
recommendation of approval including the development standards and conditions of approval. Seconded
by John Folsom. Motion carried unanimously.
The following items will be heard:
— CASE NUMBER: USR-1513
APPLICANT: Chris &Joe Miller
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A& B of RE-2617 pt of W2NW4 of Section 27, T3N, R67W of the 6th
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Recreational Facility with uses similar to those seen at Guest farms and
fairgrounds in the A(Agricultural)Zone District. (For a complete list of
uses see application)
LOCATION: South of and adjacent to State Hwy 66 and east of and adjacent to CR 19
Jacqueline Hatch, Department of Planning Services. Chris and Joe Miller have applied for a Site Specific
Development Plan and a Special Review Permit for a Recreational Facility with uses similar to those seen
at guest farms and fairgrounds in the A(Agricultural)Zone District.
Including—spring festival, fall festival, Christmas festival, giant air slide,jumping castle, on-farm market,
picnic area, plat set(slide and swing set), hay maze, corn maze, petting zoo, dirt pile, hay rides, miniature
golf, paint ball course, you-pick produce, train and fire truck ride, haunted corn maze, potential use for
wedding receptions and birthday parties, Christmas tree and wreath sales and teepees.
The sign announcing the Planning Commission hearing was posted June 3, 2005 by Staff.
The site is located South of and adjacent to State Highway 66, East of and adjacent to County Road 19.
A letter dated June 21, 2005 from Chris and Joe Miller state that they wish to amend their application as
follows;
1. Change the hours of operation from 9-6 to 9-10
2. Change the months of operation from April though mid June to May through June and September 10th
through Thanksgiving to September 10th through Christmas
3. Delete paintball from the application and add haunted hayrides and overnight camping, limited to
small groups.
Staff has amended the Development Standards to reflect these changes as follows.
Development Standard#2
The site is limited a giant air slide, jumping castle, on-site farmers market, picnic area, play set (slide and
swing set), hay maze, corn maze, petting zoo, dirt pile, hay rides, miniature golf,you-pick produce,train and
fire truck ride, haunted corn maze,haunted hayrides,wedding receptions,birthday parties,and Christmas tree
and wreath sales. Temporary Assemblage Permits will be required for overnight camping.
Development Standard #8
The hours of operation are from 9:00 am to 10.00 pm, 7 days a week as indicated in the application material
for the following time periods.
Spring Festival—May though June
Fall/Winter Festival —September 10th through Christmas
Overnight Camping/Special Events—a Temporary Assemblage Permit shall be applied for and approved by
the Board of County Commissioners prior to the use of the site for overnight camping/Special Event
regardless of the number of people. There will be no more than one special event a month consistent with the
Use by Special Review seasons. 11)
8-
The applicants have submitted an additional letter dated July 7, 2005 stating that they will remove the •
entertainment hall/structure from the map. If they wish to proceed in the future with an entertainment hall they = t� ,
will need to apply for an amended USR. K V
W V
The site is currently in violation (VI-0500127). If this Use by Special Review application is approved, the
property will be in compliance. If denied, all commercial equipment and activities shall be removed from the
property. Otherwise, the violation case will proceed accordingly.
Surrounding properties are agricultural in nature. Conditions of Approval and Development Standards will
mitigate negative impacts on surrounding homes. One surrounding property owner has called expressing
concerns regarding the hay rides not being conducted on the site and the lagoon on site.
Development standard #11 states no uses outlined in the application material shall be conducted outside
of this Use by Special Review boundary.
Condition 1.c requires the applicant to submit a landscaping and screening plan. Staff will request that the
applicant supply adequate screening and signage around the lagoon to prevent accidents.
Fourteen referral agencies reviewed this case. Twelve responded favorably or included conditions that
have been addressed through development standards and conditions of approval. No comments were
received from the Towns of Firestone and Platteville.
The Weld County Department of Planning Services Staff is recommending approval of USR-1513 with the
proposed Development Standards and Conditions of Approval.
Staff would like to make one correction to the development standards and recommend that number 32,
page 10 be removed as number 26 of the development standards already addresses the issues of septic
systems on site.
Bryant Gimlin inquired about permanent restroom facilities versus temporary facilities and whether the
applicants are still within the number of operating days allowing use of temporary facilities? Char Davis,
Department of Environmental Health replied that they are, due to changes made in the number of days of
operation and that temporary facilities are acceptable.
Joe Miller, applicant, 13912 CR 119, Platteville, CO. He said he has lived his whole life here and this is
his livelihood. He has changed the number of days of operation in order to comply with the six month time
frame allowing temporary restroom facilities. Hours of operation were changed to accommodate night
time loading of trucks.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Roger Smith, 12506 CR 19, Mr. Miller's neighbor, said the Miller's run a good operation, the kids have a
good time, it's a positive experience for parents and kids, and the only noise he has heard are the squeals
of delight from the children.
The chair closed the public portion of the hearing.
James Rohn said he was concerned due to the increased traffic on HWY 66 and the safety and welfare of
the county citizens in accessing this property. John Folsom expressed his support for Mr. Rohn's
concerns. Bryant Gimlin said his biggest concern is for the volume of activity placed on the temporary
restroom facilities and would encourage the applicants to construct permanent facilities as funds allow.
James Rohn questioned whether they needed to address the amendments. Ms. Hatch said they were all
addressed in the staff comments.
James Rohn moved to delete development standard 32. Seconded by Tom Holton. Motion carried.
James Rohn moved that Case USR-1513,be forwarded to the Board of County Commissioners along with the
Conditions of Approval and Development Standards as amended with the Planning Commission's
recommendation of approval. Tom Holton seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. John
Folsom, yes; Bryant Gimlin, yes; James Rohn, yes; Tom Holton, yes; Chad Auer, yes. Motion carried
unanimously.
CASE NUMBER: AmUSR-631
LOCATION: Approximately 1/4 mile east of CR 7 and south of and adjacent to CR 36.
Moved by James Rohn to approve the Consent Agenda. Seconded by Bruce Fitzgerald. Motion carried
unanimously.
Consent items to be continued: •
CASE NUMBER: USR-1513
APPLICANT: Chris &Joe Miller
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot A& B of RE-2617 pt of W2NW4 of Section 27,T3N, R67W of the 6`h
P.M., Weld County, Colorado.
REQUEST: A Site Specific Development Plan and a Special Review Permit for a
Recreational Facility with uses similar to those seen at Guest farms and
fairgrounds in the A(Agricultural)Zone District. (For a complete list of
uses see application).
LOCATION: South of and adjacent to State Hwy 66 and east of and adjacent to CR
19.
Due to incomplete information, the Chair suggested this case be continued.
Moved by Chad Auer to be continued to the July 19, 2005 hearing. Seconded by Bruce Fitzgerald. Motion
carried unanimously.
Hearing items to be continued:
CASE NUMBER: PZ-1071
APPLICANT: Melody Homes - DR Horton
PLANNER: Chris Gathman
LEGAL DESCRIPTION: Pt
SW and of S4
and Pt.
S 4 of
P.M.,ion 33
County, Colorado.
and
5W4 of Section 34,
P
REQUEST: Application for a change of zone from A(Agriculture)for PUD for 833
single family residential lots along with an elementary school site and
70.08 acres of open space.
LOCATION: South of and adjacent to CR 28 and east and west of and adjacent to CR
7.
Moved by James Rohn to be continued to the August 16, 2005 hearing. Seconded by Bruce Fitzgerald.
Motion carried unanimously.
CASE NUMBER: 2AmUSR-1198
APPLICANT: Marcum Midstream 1995-2 Business Trust
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot A of AmRE-3308; Pt N2NW4 of Section 32,T4N, R65 of the 6th P.M.,
Weld County, Colorado.
REQUEST: Amended Site Specific Development Plan and Special Review Permit for
an Oil and Gas Support Facility(Class II Oilfield Waste Disposal Facility
and a Solids Recovery System) in the A(Agricultural)Zone District
LOCATION: South of and adjacent to CR 40 and 250 feet more or less east of CR 39.
Moved by Bryant Gimlin to continue indefinitely. Seconded by James Rohn. Motion carried unanimously.
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